THIS RENTAL AGREEMENT
This is our Rental Agreement (“Rental Agreement”). It sets out the
terms under which you rent appliances from Yes You Can.
This Rental Agreement tells you what we provide and how we provide it. It sets out what we expect from you and, in return, what you can expect from us. It also sets out how we may change or end the Rental Agreement and what to do if you have a problem with any aspect of our products or our services.
Words, such as Appliance, used in this Rental Agreement in the singular
shall be deemed to include the plural and vice versa.
Please read this agreement carefully before committing yourself.
- This is our Rental Agreement (“Rental Agreement”). It sets out the terms under which you rent appliances from Yes You Can.
ABOUT YES YOU CAN LTD
- Yes You Can Ltd is a company registered in England and Wales. Our company registration number is 11506355, and our registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (“We” “Us” “Our”).
- You can contact our customer service team by telephone on 08001310090 or by email at [email protected]
- When necessary, we will contact you by telephone, email or post using the contact details you gave us in your rental application.
- For the purpose of this Rental Agreement, “writing” or “written” refers to email as well as postal correspondence.
ACCEPTING (OR DECLINING) YOUR RENTAL APPLICATION
- If we accept your rental application, we will email you to confirm this. From then on, this Rental Agreement between you and us will be effective.
If we cannot accept your application, we will write to you confirm
this. Reasons for declining an application may include:
- The Appliance you ordered being out of stock
- Incorrect information relating to the price or the description of the Appliance you ordered
- Us being unable to meet your requested delivery date
- Information from credit reference agencies about you that does not meet our criteria as a responsible lender
- If we decline your rental application, you will not be charged any rental fee for the Appliance.
- We will give you an order number when we accept your rental application. Please quote this when contacting us.
- We only accept orders from - and deliver to - addresses in the UK.
IMAGES OF OUR APPLIANCES
- We make every effort to display the colours and details of our Appliances as accurately as possible. However, images are for illustrative purposes only. We cannot guarantee that the Appliance you receive will look exactly the same as the one shown in promotional images.
- Similarly the Appliance’s packaging may vary from that shown in promotional images.
CHANGING YOUR APPLIANCE (YOU)
- Should you wish to change the Appliance you ordered, please let us know as soon as possible. We will make every effort to accommodate your wishes and advise you of any differences in price, delivery time or any other factor that may affect you. You will then have the chance to confirm or decline the change.
CHANGING YOUR APPLIANCE (US)
There may be times when we have to make changes to - or suspend the
supply of - your Appliance. For example:
- Where minor technical improvements are necessary to address a security threat or a safety issue
- Where changes in relevant laws and regulations require an Appliance to be modified
- Where technical problems arise
- Where you request a change
- In addition, we may also make changes to these terms as well as to your Appliance. If this happens, we will tell you about the changes in advance. You will then have the right to end this Rental Agreement before the changes take effect.
- Some of our Appliances may require updates to digital content. From time to time we’ll either carry out these updates ourselves or ask you update your Appliance from your home. We will make sure that any digital content updates are consistent with the description of the Appliance at the time you chose it.
- There may be times when we have to make changes to - or suspend the supply of - your Appliance. For example:
RECEIVING YOUR APPLIANCE
- You may use the Appliance at your home subject to the terms of this Rental Agreement. Unless forced to do so in order to exercise our rights either under this Rental Agreement or applicable law, Yes You Can will not interfere with your enjoyment or use of the Appliance.
- When we accept your Rental Application, we will advise you when the Appliance will be delivered and installed.
- The price you pay to have your Appliance delivered and installed will be the price we quote you when we accept your Rental Application and as shown in the applicable price list.
- If delivery and/or installation are delayed by conditions beyond our control, we will take steps to minimise the effect of the delay and keep you updated – and will not be liable for delay. However, if the delay is substantial, or is at risk of becoming so, you have the right to end the Rental Agreement and receive a refund.
- If no one is available at your address to receive your Appliance, we will leave instructions for rearranging the delivery. If we do not then hear from you, we will contact you. We reserve the right to charge you for storage and further delivery costs. In the event that we cannot reach you or rearrange delivery of the Appliance, we may end the Rental Agreement. In this case, clause 9.1 will apply.
- If you have asked us to install your Appliance, yet prevent us from accessing property at the arranged time, we may charge you for any costs this incurs. We will try to rearrange the installation, however if this does not prove possible, we reserve the right to end the Rental Agreement. In this case, clause 9.1 will apply.
If we fail to deliver your Appliance on time and if any of these
- We refused to make the delivery
- It was essential to have your delivery before an agreed deadline, taking relevant conditions into account, or
- We accepted your Rental Application after you gave us your delivery deadline.
- If you choose to continue with the Rental Agreement - or do not meet the criteria in clause 7.7 for ending it - we will agree a new, reasonable, deadline. If we fail to meet this new deadline, you will have the right to regard this Rental Agreement as ended.
- If you do exercise your right in clauses 7.7 or 7.8 to regard your Rental Agreement as ended, you may cancel your order and reject any deliveries already made. You will be refunded all monies paid for the cancelled order and we will collect or ask you to return, at our expense, any Appliances delivered to you.
- Once the Appliance has been delivered to the delivery address you give us it will become your responsibility. You must insure the Appliance with a reputable insurance company and pay all necessary premiums throughout the effective period of the Rental Agreement. If the Appliance is lost, stolen or damaged, you will still be liable for the rental payments.
- Yes You Can will remain the owner of the Appliance – including hardware and software - throughout the effective period of this Rental Agreement. You may not, sell, attempt to sell, hire or create any lien or other encumbrance over the Appliance. If you fail to comply with this cause, we may require you to compensate us for any loss.
- To make the delivery and installation process run smoothly for you, we may write to you asking for some specific information. Failure to provide us this information in full could lead to us either ending the Rental Agreement (see clause 9.1) or charging you for any additional work necessary to fulfil your order. Furthermore, we will not accept responsibility for the non-delivery or non-installation of your Appliance caused by your failure to provide information we request in reasonable time.
ENDING THE RENTAL AGREEMENT – YOUR RIGHTS
- You can end your Rental Agreement any time before your appliance has been delivered and installed by completing and submitting the Yes You Can Cancellation Form. You may incur a charge for cancelling the Rental Agreement.
If you end the Rental Agreement for any of the reasons below (8.21
– 8.25), the cancellation will take immediate effect and you will
receive a full refund for any Appliance that we have failed to provide:
- 8.2.1 You’re not happy with an upcoming change to the Appliance or these terms (see clauses 6.1 and 6.2)
- 8.2.2 The price we quoted you for an Appliance was incorrect and you do not want to pay the amended price
- 8.2.3 Delivery of the Appliance might be considerably delayed due to conditions beyond our control
- 8.2.4 We have suspended, or intend to suspend, supply of the Appliance for technical reasons for more than four weeks
- 8.2.5 We have done something wrong
- If you end the Rental Agreement for any reason other than 8.21, 8.22, 8.23, 8.24 or 8.25, the cancellation will take immediate effect and you will receive a refund for any Appliance that we have failed to provide. We may deduct from that refund compensation for any costs we incur as a result of your cancellation. If you have not made any payments to us when you cancel the Rental Agreement, we will charge you for the compensation.
- If the Appliance is in transit to you when you cancel your Rental Agreement and we are unable to recall it, you are responsible for returning it to us at your expense.
ENDING THE RENTAL AGREEMENT – OUR RIGHTS
We may end the Rental Agreement if:
- Any payment due from you remains unpaid after 7 days of us giving you a reminder
- You fail to provide us with information we need to supply your Appliance
- You prevent us from delivering or installing your Appliance
- We may end the Rental Agreement if:
FAULTY APPLIANCES – YOUR RIGHTS
- If you have any questions or complaints about your Appliance, telephone our customer service team on 0800 131 0090 or write to us at [email protected]
We have a legal duty to supply Appliances that conform to this
Rental Agreement. Nothing in this Rental Agreement will affect your
YOUR KEY LEGAL RIGHTSThese rights are subject to certain exceptions. For further details, visit www.adviceguide.org.uk or call 03454 04 05 06. Under The Consumer Rights Act 2015 goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to:
- An immediate refund if your goods are faulty (up to 30 days from the date you receive them)
- A full refund in most cases if your goods cannot be repaired or replaced (up to six months from the date you receive them)
- Some money back if your goods do not last a reasonable length of time (up to six years from the date you receive them)
- If you do not wish to accept an Appliance, you must return it to us.
We, Yes You Can Ltd of 71-75 Shelton Street, Covent Garden,
London, WC2H 9JQ, offer the following guarantee in addition to your
legal rights (as summarised in clause 10.2) and does not affect them:
If you change your mind about an Appliance, either before it is delivered or within seven days of receiving it, we will refund you in full. If you have received the unwanted product you must return it to us. We will pay for this. You are not required to return digital content or services. This guarantee only applies to consumers living in the UK.
PRICES, PAYMENTS AND OVERDUE AMOUNTS
The amount you will pay for your Appliance will be the price shown
- Our price list in force when you placed your order, and
- Your confirmation email
The prices shown include VAT.
- If the rate of VAT changes after you place your order but before we deliver your Appliance, we will adjust the rate of VAT that you pay. If you pay for an Appliance and the delivery and installation costs in full before the new VAT rate becomes takes effect, we will not need to adjust your rate.
- If the correct price of the Appliance on the day you place your order is lower than that stated in our price list, you will pay the lower amount. If the Appliance’s correct price on the day you place your order is higher than that stated in or price list, we will contact you before we accept your order. If we proceed with an order where a mispricing is clear and obvious, we may end the Rental Agreement, refund any sums you have paid and ask you to return the Appliance. We will pay for this.
- We accept payment by Direct Debit (DD) or Continuous Payment Authority (CPA) with any credit or debit card. You must make your first payment for the Appliance (and delivery and installation costs) before we dispatch it. We will take payment when we dispatch the Appliance.
- The amount you will pay for your Appliance will be the price shown on:
This statement gives you some general information about the rights and obligations of the parties to a Rental Agreement.
RECEIVING YOUR RENTAL AGREEMENT
Your lessor (in this case Yes You Can) must give you a copy of your Rental Agreement (consumer lease) with this Statement and you should receive both documents not later than 14 days after the start date of the Agreement.
If you want another copy of your Rental Agreement you can request one in writing from the lessor. They may charge you a fee, however they must provide you with the copy within 14 days of your written request if the contract came into existence one year or less before your request. Otherwise it’s 30 days.
INFORMATION YOUR RENTAL AGREEMENT SHOULD CONTAIN
Your Rental Agreement should set out your rights and obligations and include information about:
- The Appliance you’ve agreed to rent
- How much you must pay before the appliance is delivered and installed
- Any additional charges you may have to pay
- The amount of your rental payments
- The date your first rental payment is due and either the dates of future payments or the intervals between them
- The total number of rental payments
- The total amount of rent you’ll pay during the life of the Rental Agreement
- When you can end your lease
- Any obligations you may have when the Rental Agreement ends
If your lease does not contain all this information, or you believe the Rental Agreement is unjust, speak to the lessor and discuss the matter. If you’re not happy with the outcome, contact your lessor’s external dispute resolution scheme or get legal advice. You may have rights against the lessor in the event of a dispute.
The lessor can make changes to the terms of the rental, provided they have stated this clearly in the Rental Agreement.
LOCATION OF APPLIANCES
If your lessor asks you where the rented Appliance is, you must provide the answer within seven days. If the Appliance is not in your possession, you must give the lessor as much information as possible to help them locate it.
Your Rental Agreement may also require you to inform the lessor whenever you relocate the goods, such as if you move house.
ENDING YOUR RENTAL AGREEMENT EARLY
You can end a Rental Agreement early by returning your Appliance to the lessor during business hours or any other time the lessor (or a court) agrees with you. Refer to your Rental Agreement as this may set out requirements regarding the condition of the Appliance.
You may also incur charges for ending your Rental Agreement early, or the lessor may owe you money if you’ve paid some of the rental payments in advance. Check your Rental Agreement and/or contact the lessor for specific final payment information.
DIFFICULTIES IN MAKING PAYMENTS
If you become unable to meet your payment obligations under your Rental Agreement, contact your lessor as soon as possible. You may be able to reach a temporary arrangement such as:
- Extending the term of your lease, thereby reducing each rental payment
- Extending the term of your lease and delaying rental payments for a set time, or
- Delaying rental payments for a set time, then increasing them later on over a shorter period
If the lessor turns down your request for a temporary arrangement, you can ask them to review the decision. If you’re still not happy with their decision, you can complain to your lessor’s external dispute resolution scheme.
You must try to resolve your complaint with the lessor before contacting their external dispute resolution scheme.
Your lessor can take action against you if you break the terms of your Rental Agreement. However, it’s illegal for them to harass you or threaten you for rental payments. If you think you are being unduly harassed or threatened, contact your lessor’s external dispute resolution scheme or seek legal advice.
Your lessor can only enter a residence to take repossession of goods if it has a court’s approval or the written consent of the occupier. This is given by the occupier after the occupier has been informed in writing of the relevant section in the Consumer Credit Act 1974.
OTHER RIGHTS & OBLIGATIONS
UK law gives you other rights and obligations as a lessee. So read your Rental Agreement carefully and seek legal advice if you’re in any doubt.
Yes You Can Limited (UK Head Office)
Telephone number: 0800 131 0090
Address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
Email: [email protected]
Company registration number: 11506355
External dispute resolution provider: Financial Conduct Authority (FCA)
Yes You Can FCA firm reference number: 820152